Hong Kong is preparing a landmark change in its laws that will make it possible for children under the age of 14 to be charged with rape.
The move comes after a magistrate yesterday described existing laws on juveniles and serious sex offences as 'wholly and manifestly inadequate' as she sentenced a 13-year-old boy to a reformatory for a 'disgusting' sexual attack on a five-year-old girl in a hospital ward.
In general, criminal liability in Hong Kong starts at the age of 10. However, at present there is a legal presumption that a boy under 14 is incapable of sexual intercourse.
Following a recommendation by the Law Reform Commission, that presumption will now be abolished.
Magistrate Adriana Tse, sitting in Eastern District's juvenile court, sentenced the boy to an unspecified term for indecent assault. She also called for a review of which courts should deal with children accused of serious sex offences and said boys and girls should be placed in different hospital wards.
Tse said she understood that rehabilitation was the main aim of the laws dealing with juveniles, but added: '[Now], youngsters are capable of the most heinous crimes.'
In response to questions about Tse's comments, a spokesman for the Security Bureau said: 'The Security Bureau is working with the Department of Justice on arrangements for amending the legislation with a view to implementing the recommendation of the Law Reform Commission as soon as possible.'